In re the Accounting of Rathscheck

The appellant, Elisabeth S. Bathscheck, appeals from that part of the decree of the Surrogate of the County of New York which disallows her claim for her distributive share, *364as Ms widow, of the estate of the decedent. Decedent and appellant were married in Germany in 1933. In 1944, by their joint action, they obtained a Mexican “ mail-order ” divorce. TMs divorce decree, a certified copy of wMch was received in evidence, shows on its face that the appellant was the plaintiff in the Mexican proceeding. Concededly, neither of the parties in that action was a resident of Mexico at the time the…